Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1320 By: Prieto
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6 AS INTRODUCED
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7 An Act relating to placement of child; amending 10A
7 O.S. 2021, Section 1-4-705, as amended by Section 3,
8 Chapter 59, O.S.L. 2024 (10A O.S. Supp. 2025, Section
8 1-4-705), which relates to religious preference and
9 restrictions on placement; establishing order of
9 preference for certain placement; prohibiting certain
10 placement; updating statutory language; and providing
10 an effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 10A O.S. 2021, Section 1-4-705, as
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15 amended by Section 3, Chapter 59, O.S.L. 2024 (10A O.S. Supp. 2025,
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16 Section 1-4-705), is amended to read as follows:
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17 Section 1-4-705. A. In placing a child in the custody of an
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18 individual, a private agency, or institution, the court and the
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19 Department of Human Services shall, if possible, select a person,
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20 agency, or institution in the following order of precedence:
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21 1. A member of the child's family related by no more than the
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22 third degree of consanguinity or affinity, or fourth degree of
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23 consanguinity or affinity in the case of first cousins;
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1 2. A member of a local religious or faith-based community of
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2 the child's family;
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3 3. An institution governed by persons of the same religious
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4 faith as that of the parents of the child, or in case of a
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5 difference in the religious faith of the parents, then of the
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6 religious faith of the child; or
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7 4. An individual, private agency, or institution the court and
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8 the Department determines will best serve the intent described in
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9 Section 1-1-102 of this title.
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10 B. Except as otherwise provided by this section or by law, it
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11 shall be left to the discretion of the judge to place the custody of
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12 children where their total needs will best be served. If an
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13 individual meets the minimum required age for placement purposes,
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14 the age of an otherwise eligible individual shall not be a reason
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15 for denying the individual placement or custody of a child.
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16 C. A prospective foster or adoptive parent shall not be an
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17 approved placement for a child if the prospective foster or adoptive
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18 parent or any other person residing in the home of the prospective
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19 foster or adoptive parent has been convicted of any of the following
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20 felony offenses:
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21 1. Within the five-year period preceding the application date,
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22 a physical assault, battery, or a drug-related offense;
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23 2. Child abuse or neglect;
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24 3. Domestic abuse;
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1 4. A crime against a child, including, but not limited to,
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2 child sexual abuse material; or
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3 5. A crime involving violence, including, but not limited to,
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4 rape, sexual assault or homicide, but excluding those crimes
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5 specified in paragraph 1 of this subsection.
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6 D. 1. Under no circumstances shall a child be placed with or
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7 in the custody of an individual subject to the Oklahoma Sex
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8 Offenders Registration Act or an individual who is married to or
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9 living with an individual subject to the Oklahoma Sex Offenders
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10 Registration Act.
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11 2. In addition, prior to the court placing a child in the
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12 custody of an individual, the court shall inquire as to whether the
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13 individual has been previously convicted of any felony or relevant
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14 misdemeanor or has any felony or misdemeanor charges pending.
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15 3. Prior to the custody order being entered, the individual
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16 seeking custody shall provide an Oklahoma criminal history record
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17 obtained pursuant to Section 150.9 of Title 74 of the Oklahoma
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18 Statutes to the court.
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19 4. For purposes of this subsection the terms:
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20 a. "relevant misdemeanor" may include assault and
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21 battery, alcohol- or drug-related offenses, domestic
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22 violence or other offenses involving the use of
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23 physical force or violence against the person or
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24 property of another, and
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1 b. "individual" shall not include a parent or legal
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2 guardian of the child.
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3 E. A prospective foster or adoptive parent shall not be an
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4 approved placement for a child if the prospective foster or adoptive
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5 parent is an employee of the Department, or a relative of an
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6 employee of the Department to the third degree of consanguinity or
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7 affinity, or the fourth degree of consanguinity or affinity in the
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8 case of first cousins. Such prohibition shall apply for a period of
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9 two (2) years following the termination of employment with the
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10 Department.
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11 F. The provisions of this section shall not apply in any
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12 paternity or domestic relations case, unless otherwise ordered by
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13 the court.
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14 SECTION 2. This act shall become effective November 1, 2026.
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16 60-2-2535 TEK 12/29/2025 2:46:59 PM
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Req. No. 2535 Page 4Every fact on this page links to its source, starting with the official bill record.